11 Aug 2016
LEE WAI HO v. FUNG KUI CHUEN
- Citation
- LEE WAI HO v. FUNG KUI CHUEN
- Court
- Court of Appeal
- Case number
- CACV208/2014
On the balance of probabilities the trial judge accepted lay and expert evidence that the deceased was suffering from at least moderate Alzheimer’s disease by 2005 and lacked the requisite testamentary capacity under the Banks v Goodfellow test; the judge properly refused to admit the attesting solicitor's late and insubstantial evidence as an exercise of case‑management discretion; consequently the will was invalid and the appeal was dismissed.